School bus accidents are among parents’ worst fears. However, school bus accidents put more than the children on board the bus at risk; other motorists are also frequently injured in these accidents. In many cases, Indiana school bus accidents are due to the bus driver’s inattention or negligence. This can open the door for injury victims to pursue a personal injury claim. However, sometimes, schools will contract with a private bus company to transport children to and from school. Other times, the school bus driver is an employee of the school district. While these differences may seem insignificant, they can be critical to how a claim must be filed.
According to a recent Indiana news report, a local school bus carrying five elementary school students was involved in a crash. Due to icy roadway conditions, the bus driver lost control rounding a left-handed curve, which caused her to crash into an embankment and a tree on the side of the road. The bus ultimately came to a stop across both lanes of traffic. The bus driver and one elementary school student suffered minor injuries and were treated on the scene by local health officials. The other passengers on the bus ranged from ages six to nine, but no one else was injured.
In Indiana, should you choose to pursue a personal injury claim against the bus company or the school in a school bus accident, there are various legal principles that need consideration before pursuing the case further. One of these laws is the Indiana modified comparative negligence rule.
Commonly referred to as the 51-percent-fault rule, Indiana’s modified comparative negligence laws state that you are only eligible for compensation if you were less than 51 percent at fault in the accident. When filing a personal injury case, Indiana considers the plaintiff’s role in contributing to the accident before awarding damages. In typical cases, the less you are considered at fault or responsible for an accident as a plaintiff, the more damages you will be eligible to receive. For example, if you did not contribute to the accident or your injuries, your compensation will be higher than someone who played a role in causing the accident.
In personal injury cases, there are often various complicating factors that can turn what you believed was a straightforward case into one with unexpected issues. Because of the complexity of Indiana’s comparative negligence laws, it is crucial that potential plaintiffs enlist experienced representation in the course of filing their claims. An attorney with a significant understanding of Indiana laws can help you determine your percentage of fault in an accident, if any, as well as how much compensation you may be eligible for.
Do You Need an Indiana Personal Injury Attorney?
If you or someone you know has been recently injured in an Indiana bus accident, contact attorney Burton A. Padove. Mr. Padove has represented personal injury clients of all types in personal injury cases, and will work to get you the compensation you and your loved ones deserve. To schedule a free initial consultation today, contact us at 877-446-5294. You can also reach us through our online form.